Tourists from Shanxi ate a thousand yuan banquet in Chongqing, but they were only willing to give 400 yuan, saying that fish-flavored pork has no fungus
Recently, a group of tourists from Shanxi dine in a star-rated restaurant in Chongqing, spending more than 1,000 yuan but only willing to give 400 yuan because there is no fungus in the fish-flavored pork shreds. The hotel felt helpless and had to report to the police.
After the police identified the plate of shredded pork with fish fragrant on the spot, they told the tourists that the shredded pork with fish fragrant might be made differently in various places, and Chongqing did that.
Generally speaking, when customers find food quality problems during meals, they are all reported to the local consumer association or 12315. After receiving the report, the relevant unit will direct the problem to the specific office, so this kind of incident is not reported to the police. use. Unless there are disputes, hands-on, or overlord’s meals, the police force is not meaningful unless there are disputes, hands-on, or overlord’s meals. Going back to this question, “Fish-flavored pork shreds” has no fungus, and we are not qualitatively discussing the problem. The actual situation is that if there are objections, you can ask questions when the dishes are just served, and you can return the dishes or replace them instead of seeing you after the bowl. Report after the end. Such problems will not support the demands in practice. At most, it can be considered as a defect, just wipe a zero. If such a problem occurs, it is most likely to be drinking too much; no alcohol is found through the video, and there is another possibility that there is an opposite sex on the table, which needs to be shown. This kind of problem occasionally occurs. The following expansion, along with this issue, talk about food reports. Generally speaking, consumers are the main magic weapon for protecting rights in the food field. These are the following two: 1. (Compensation 1000) “Food Safety Law” 140 Article 8 stipulates that consumers who suffer damage due to food that does not meet the food safety standards may demand compensation from the business operator or demand compensation from the producer. The producer and business operator who receives a consumer compensation request shall implement the first responsibility system and pay the compensation first without prevarication; if it is the responsibility of the producer, the operator has the right to recover the compensation from the producer after the compensation; if it is the responsibility of the operator, the producer shall compensate Later, it has the right to claim compensation from the operator. When producing food that does not meet the food safety standards or operating foods that do not meet the food safety standards, in addition to claiming compensation for losses, consumers can also demand compensation from the producer or operator for ten times the price or three times the loss; If the amount of compensation is less than 1,000 yuan, it shall be 1,000 yuan. However, the labels and instructions of the food have defects that do not affect food safety and do not mislead consumers. 2. (One refund and three compensation) Article 55 of the “Consumer Rights Protection Law” where a business operator commits fraud in providing goods or services, he shall increase the compensation for the loss suffered by the consumer in accordance with the requirements of the consumer, and the increase in the amount of compensation shall be consumption The purchase price of the goods or three times the cost of receiving services; if the amount of compensation is less than 500 yuan, it shall be 500 yuan. If the law provides otherwise, follow those provisions. Where a business operator knows that there are defects in the goods or services and still provides them to consumers, causing the death of consumers or other victims or serious damage to their health, the victims have the right to request the business operators to comply with Article 49 and Article 51 of this law. The law provides compensation for losses, and has the right to demand punitive damages less than twice the losses suffered. However, in specific practice, rights protection is more difficult-the most important factor is “incomplete evidence”, followed by rights protection must be costly. In view of the above two reasons, consumers are also daunted by food problems. From the perspective of law enforcement officials, most complaints and reports cannot be handled. Let’s talk based on actual experience: (The following questions are only for the food sector) 1. Overview 1. Receiving organs for complaints and reports: At this stage, law enforcement agencies are reforming, and most areas of food safety are subject to the grassroots supervision of the Market Supervision and Administration Bureau. In conjunction with the ongoing reform of “Unification of Bureaus and Teams”, the law enforcement personnel responsible for food work in the supervision offices/sub-bureaus are specifically responsible. The main members of this group are composed of the original industry and commerce bureau system and the food and drug supervision system. Areas that have not completed the reform are handled by the food and chemical inspection sub-bureaus of each district, and they also accept complaints and reports on cosmetics and health products. 2. Complaint method: You can directly call the report number left on the public notice board in the store, and you can call 12315 to make a complaint. This is a comprehensive report platform for the market. The platform will be distributed according to the region and content. (Similarly, there is also the mayor’s hotline 12345).3. How to deal with: After the platform distributes the problem to the law enforcement officers in charge of the area, the law enforcement officers will conduct comprehensive research and judgment based on the evidence you provide, combined with the on-site inspection, and then make a decision to support/not support your request, which involves illegal Those who commit a crime will be handed over. Second, the specifics 1. Those reports are easy to deal with: the food is out of date, which is the easiest, the store does not say anything, pay for it; the sensory traits are obviously abnormal, such as smelly, long-haired, spoiled, store Don’t say anything, pay for it; there is also sufficient evidence, such as flies in the dish and steel wire in the milk tea. 2. Why is your report not supported: In fact, what I want to say most is this part. In the food report, a considerable part of the appeal will not be supported. The main reason is that “insufficient evidence” and insufficient evidence There are many connotations (1) There is no evidence at all: When eating flies, ants, or decay in the dishes, they are thrown away directly, and they are deceived by reporting Sherlock Holmes. (2) The problem is unclear: the most encountered are: the dish is not tasty, the cake is not fresh, the pepper is not spicy enough, etc., if such a problem occurs, if the food quality of the merchant causes it to be not tasty, not fresh, or not spicy enough You can be punished. Otherwise, it is not a qualitative and quantitative problem because it is not tasty/stale/spicy enough, and there is a high probability that you cannot support the appeal. (3) The evidence is unclear: it is found that there is a problem with the food during the meal, and the evidence is retained by taking photos/videos. As a result, the original item is lost/or recovered by the merchant, and there are only blurry photos and videos. It is said that there are flies in the dish. It’s like a black bean, but I also miss the old godmother. The law enforcement officers can’t handle it, so they can only coordinate in the middle; or even if the photos and videos are clear, but there are only dishes, and there is no corresponding evidence, they can’t handle it. For example: you shoot There was a fly in the spicy fragrant pot, and I called a report after I went out. Even if it is true, if the business does not recognize it, the law enforcement officers will not be able to deal with it. The reason is simple: it can only prove that there is a fly in the dish. How can there be evidence to prove it? The business’s. If the business is hard on you to spread rumors and slander you, you can’t help it. (4) It’s difficult to define. This kind of problem partially overlaps with (3). In short, you can provide a proof that clearly shows that there is a problem with the dish, but you cannot define which one Store, or whether the problem can be attributed to the merchant. For example: Nowadays, restaurants generally use a combination of dine-in and take-out. You order take-out, and when you go home and open it, you find a fly inside. You want to claim 1,000 according to the Food Safety Law Yuan, it’s almost impossible. Stores and law enforcement officers can’t make DNA for the flies, and can’t determine the source of the flies. Although refunds can be made through the food delivery platform, other claims are difficult to support. 3. How to report effective. For expired foods found in stores and items with obvious sensory properties, it is best to give feedback on the spot and the store; if you are dining in the store, you can first communicate with the store. If the negotiation fails, you can use your mobile phone to clearly record the problem, preferably Bring a video of the surrounding dining environment. It is best if the dining spot has monitoring records. Afterwards, pack and seal the dining items to form a closed loop of evidence. 3. Some thoughts 1. Regarding professional whistleblowers and professional counterfeiters, I will not comment too much, but in practice, there is indeed a high moral hazard. It is not uncommon for expired foods to be stuffed into shelves. 2. Rights protection must have costs, including time, money and energy, so you must be mentally prepared before rights protection. 3. The entanglement between reason and law is common to everyone, and the law enforcement at the grass-roots level is the same. I feel guilty from time to time when I work, especially when facing vulnerable groups and ordinary people. Of course, I will still act according to the law, but This does not mean that I am a cold machine. 4. Generally, when I saw the hair in the dish, I just picked it out; there were flies in the dish, so I asked him to change it. When the drink expired, I would remind him, and I never made a claim. I think it’s not easy, and I look at it with a tolerant heart, even if my home cooking is unavoidable, there are foreign objects. Some people are pulling orphans and widows to claim compensation, which is legally supported, but psychologically I feel disgusted.